jail in canada, doing a move in front of the camera, to the disco beat. someone posted the video on youtube, and, well, instant hit. "studio b" with shepard smith starts now. >>shepard: and, all right, in time for fun, breaking news and continuing coverage of the fire in atlanta. we are 15 or 20 minutes southeast of the atlanta international airport along i-75 with a barn burner. the building is located near southlake mall and no word open the name of the business. but the view from our local station for atlanta shows that the burning appears to be construction materials and the fire started outside the building but spread quickly. construction workers have been taken to the site and you can see it is roaring in the afternoon sun of suburban

atlanta with continuing coverage as news warrants through the hour. but the casey anthony trial tops our news. we have new testimony on this day 25. one forensic scientist telling the court what fee found in the trunk of the accused child killer's car. her mother said that the car smelled like a dead body. said so to 911 and we will get into the testimony and more with full coverage through the hour and phil keating live at the courthouse and our legal team, the former prosecutor and legal analyst arthur aidala and criminal defense attorney, randy zelin, and dr. michael baden and former circuit court judge alex from the network and the chief fox corporate jonathan hunt taking your comments at foxnews.com/shep and talking to a jury consultant who has been there from the beginning. first, casey anthony's defense attorney picking away, now, at

the forensic evidence against her. as they try to establish reasonable doubt in the mind of at least one. they have avoided the most explosive claims against the accused child killer. this morning there was an expert testimony testifying soil on casey anthony's shoes did not match the soil from the crime scene off suburban drive in orlando. >> you did not find any meaningful connection of casey anthony to suburban drive? all thank you is correct. >> but the witness admitted under cross that the soil did not prove casey anthony was never there? >> so the absence of soil is meaningless in terms of establishing presence or lack of presence? >> that is correct. >> the toxicologist testified hair testing from caylee's remains showed no signs of drugs and sedatives. here is the defense. >> in this case, you had a

sample, you did the test, and the result came back negative. >> that is correct. >> but the prosecution suggesting that doesn't prove a thing about whether somebody drugged caylee. >> it doesn't mean the person wasn't given the drug or that they were,ist just doesn't mean anything. >>guest: it means that i did not find any evidence of the drug having been given, correct. >> but it still could have been given and not shown up in the hair? all thank you is correct, hair not the best sample. >> so determining whether someone was given a drug or not, a negative result doesn't answer that question? >> no, it does not. >> if someone were exposed to something and died immediately or very closely it wouldn't appear the hair anyway? >> that is correct. >> the witness said she could not test for chloroform. the defense doesn't appear to be scoring any major points but according to the courtroom observer, but the vat joy is to make the case that this is

simply in direct evidence against casey anthony. prosecutors presented mostly circumstantial evidence, witness testimony of the smell of death in her car, casey anthony's lies including the made up nanny, and the fact she went out partying after her daughter died and never reported her missing when she wasn't. and computer searches for chloroform, neck breaking, duct tape police found with her remains. so far casey anthony's lawyer has not addressed either of those issues or the claims he made during the explosive opening statement where he said caylee anthony drowned in the family swimming pool and that casey's father, george anthony, helped cover it up. her lawyer accused casey's father and brother of sexually abusing her and he said roy, the meter reader, could be a suspect suching he may have had her body for months before he left it in the woods and then reported finding the body.

we. get to all of that and more through the hour but, first, the latest from phil keating in or land defollowing the trial from the beginning. we will start, again, today, with casey anthony jail mate and there is a drowning alibi. yesterday there was a discussion about whether he could have stolen the story from another inmate. fill us in. >>guest: last night all off camera, fox news contacted the parents of april whalen at their home and they told us that april told them that back in 2009 when she was in the same cell block as casey anthony that she did speak with casey anthony but they never talked about her own personal tragedy which was in 2007 her own son drowned and was discovered by his grandfather. well, they said that every person in the cell block every single female inmate was very well aware of the story, regardless of whether april told casey anthony directly or not the implication being that casey

could have heard of that story and concocted that alibi whether the lead prosecutor brings any of these inmates testifying witnesses to the stand remains to be seen because the evidence does not seem super strong as, perhaps, they may feel they find necessary at this point. >>shepard: and the defense repeatedly targeted the car trunk that casey anthony's father said smelled like a defense body and defense found minimal color foreign minister evidence. to what? phil: mostly the scent of gasoline, a university of central florida chemistry professor took the stand today and said he testified with a long needle the trunk of casey anthony's car as the prosecution tested and found 10,000 times the amount of chloroform that would have been normal but their

witness said it was minimal but check out what the prosecutor did, again, by hurting the defense expert interest a state expert. >> your background is not in studying human decomposition? >> that is correct. >> when you worked with the trunk and opened it slightly did you detect an odor coming from the trunk? >> yes, there was an odor. >> do you have any background in identifying that odor? >> i do not. >> in further questions. phil: is again the prosecution hit the evidence, testimony of the trunk of casey anthony's car has a stench, and there were about a dozen of their own prosecution witnesses testify it smelled like get three times during the defense's five days they have had defense witnesses also saying on the stand that casey anthony's car trunk has a stench. >>shepard: and the surprise

witness, thompson, our viewers may remember him. fill us in. phil: i met with him for a couple of hours, he and his attorney, and right new, in the last hour, they have been deposed with the defense team a couple of days ago, the attorney tried to get thompson subpoenaed to testify and be deposed because he said he never met george anthony, only knows of him from tv and news and did not talk to him on the cell phone on the day before caylee was report the missing as the defense investigators are alleging saying they have four confirmed telephone record contacts from george anthony's phone to this convicted kidnapper and they say, look, we have nothing connected with this, they are trying to distract everyone but the defense team going ahead with the deposition and we will see if he takes the stand. >>shepard: back to phil as news warrants. and we have arthur aidala and

randy zelin here. look, this matter ... there are reports that george anthony has a mistress and that he told, and the mistress says that george anthony is the grandfather of the little girl who is dead, the father of the gill accused doing the killing and the mistress said he told her that, you know--. >> my daughter killed my granddaughter and that is a huge here say issue. if casey told it to somebody, that is admission, but that wrote come in but grandfather telling someone else and someone else testifying about it, it's just too far remote to be reliable for the jury. so, i don't think even judge perry who everyone is saying leaning toward the prosecution, he will allow such an admission. the other issue regarding the jailhouse woman who has the same story of miss whalen . >> how much do they look alike?

how scary is that. >> it looks lick before and after. >> drugs. >> drugs. >> that is a way to put it. >> only if casey testifies that this happened and might daughter drowned would it be relevant. at this point, baez's testimony is not evidence. the prosecution cannot put on evidence to rebut the opening until they put on evidence. the defense puts on evidence that backs up what he said in the opening. so until that happens, the story is irrelevant. >>shepard: agree? >> let me screw that up. remember, as i understand it, the testimony was not simply ending at "my daughter killed my granddaughter." it's going to continue on that it was a tragic accident and if i am baez i will not object on heresay grounds. and, think about nature way, if the prosecution wants to bring

it in on their rebuttal, i am getting up on cross-examination saying why don't you finish that thought. >> but to be clear, the judge is independent in his authority and you do not have to object for a judge to prevent something from coming in. they do it all the time without an attorney saying "objection." the judge says--. >> i'm not objecting i want it to come in. >> he said would, mr. zelin, the rules of evidence of the state--. >>shepard: we have judge alex here, is arthur spot on are being an attorney again? >>guest: no, no, i would not say he is being an attorney if you are labeling that as derogatory statement. i think he's right to a certain extent. there are proactive judges and there are reactive judges. i was a proactive judge. if i heard an improper closing argument i cut it off immediately without an objection, called them to the

sidebar and said can you not do that and sometimes i get exactly what opposing counsel just said, but, judge, i didn't hear an objection and i would say you hearing it from me i will not retry the case that is an improper argument. and some judges wait for an objection and their feeling is, let the lawyers try the case. i don't know that there's a specific school of thought that is better than the other but it is better to be proactive and make sure the trial is conducted according to the rules of evidence than it is back and watch the record be polluted and everyone point fingers at each other. >>shepard: what if the april story goes somewhere, this idea that casey anthony might have stolen the story of the drowning and the grandfather, might have stolen that from the woman inside -- that woman on the left -- stolen it from her. >>guest: the prosecution has a way to go to connect april's

story, because it is pretty darn close. her child dies by a swimming accident in the pool and is fund by the grandfather. and she happens to be three cells away from casey but casey was in protect ever custody so they probably could not have communicated. >>shepard: but the word is everyone in the jail new the story. this woman is in and out of jail like you are in and out of mcdonald's, judge, and everyone knew of her and her situation and knew the kid died and they knew the story. >>guest: i'm not sure how much contact casey had with the other inmates but if the prosecution can link it, say, they come up with an inmate who says i had a conversation with casey and i told her about the whalen child it is time to go home and close the tent because that is the last thing they need to hear before they hear she is doing what she has always done, putting together an entire story like she did in high school and that would be the nail in the coffin. >>shepard: judge, in a moment we will speak with a reporter

from our local fox station in orlando who spoke last night, face-to-face, with the family of this woman. would that shut the case down? it was the beginning and end of baez's story which was the child drown. the woman had been abused. the woman knew it. the grandfather helped cover all this up. if that is proved to have intern something stolen, as the judge put it, do you close up the tent. >>guest: i think that opens up a brand new pandora's box which is, this chick is seriously messed up and suffering from some kind of crazy psychiatric problem. she is schizoid, again, because if she planned this out, and that's the prosecution's theory, she planned this out, she executed her daughter, why, she for got what to do once? she killed the child? i'm in the going to disappear, i'm not going to -- i'm going to

go party. that doesn't make sense! it depth comport with the planning. >>guest: what the judge said is dead on, the jury will say she lied when the child went missing, lied before and after jail, she lied, lied, lied, lied and now she will have her lawyer lie to us about the crowning. forget it. you lied to the wrong people and you are going to jail for the rest of your life. >>shepard: our experts will be with us throughout the hour. stay tuned. [ male announcer ] this is larry...

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>>shepard: and when casey anthony's defense attorney made the opening statement to the jeremy dropped a bombshell. he told the jury little caylee accidentally drowned in the family swimming pool and her

grandfather, george anthony, helped cover it up. that was the first time we heard that version of events. and as we have reported, there is a new twist. prosecutors, investigators the possible that casey anthony stole the story from a fellow inmate. a woman by the name of april whalen whom we have spoken, and she was in the same cell block with casey anthony in original county jill in twine and her son did die in the swimming pool and that child's grandfather did find him. sounds a bit familiar. and now to orlando, our reporter spoke with the family of miss whalen. what did they say? >>reporter: i talked to them and they said they were visited by a almost side detective last week and they wanted to see about a conversation that april may have had with an inmate in the orange county jail and a spokesman told me that april

whalen and casey anthony were in the jail at the same time in june of 2009 for five days. new, april's dad said that april told him that she did have a conversation with casey anthony but that it was simply about life in jail, and chit chat and nothing involving the two of their cases and i asked if april said anything more and she told him that everybody there, including casey anthony, she was confident, knew her story of her son dying in her family pool in 2007 and her father did say he saw similarities in the two stories. >>shepard: to people all over the jail knew of this because she was a regular at the jail and everyone knew her child had died, right? >>reporter: that is right and it was such a sad story of her son wondering to the pool on christmas day, and the grandfather of the little boy, grabbed the little boy from the pooled and performed cpr but he died, he was 15 months old.

>>shepard: the assistant state attorney talked about this in court. listen. >> name of the witness is april whalen and her child died in a swimming pool and was found by the child's grandfather who immediately administered cpr and called 9-1-1 and miss whalen was in an adjacent cell to miss anthony for a brief period and indicated to law enforcement she did not talk to casey anthony but, however, she doesn't remember if she talked to other inmates. so at the present time, it is being explored whether this was indirect contact. >> they probably got the same indication that you have gotten and that is that it was just short of -- where is this woman? where is this april whalen person? >> in orlando. we talked this morning on way to work. she answered and would not

comment open the case and she said she could in the comment. i know he is in orlando living with her boyfriend, and her parents gave mer phone number and i went from there but she did not want to answer our questions. >>neil: kelly from fox 35 in orlando, it is my understanding, kelly, that this trial has just captivated the central florida television market and it is on every channel? >>guest: all day every day, people are coming up to me and my co-workers are asking every detail, what is going on behind the scenes and it is taking over their lives and my friends, in fact, saying they dvr each day. >>shepard: shades of o.j. and we remember the o.j. trial and lived law that. great to see you, kelly joyce. what did you think? is this getting in? >>guest: only if casey takes the stand and says my daughter was floating in the pool, now it

means something. at this point it is something that her attorney said in the opening statement, and the judge will tell them in the closing instructions, the arguments by the lawyers, whether opening or summation is in the evidence and you cannot consider it as evidence. only what you heard on the witness stand, that's evidence. >>shepard: how do they get that? >>guest: mr. prosecutor made a brilliant point: why baez said ain't evidence. if they never present any evidence of this accidental drawning and he convicted and they convict her because they did not believe baez and he lied to them in opening statement, well, where was the evidence of that? she getting a new trial. they cannot convict her on baez's opening statements. >>guest: that would be after the conviction the jury, some of them, would have to say the only reason we convicted hers with

because in the defense attorney's opening statement he said--. when is the last time a jury came forward and said we reached the wrong verdict. >>guest: recently, a juror said, listen, i reached it because of there and it wasn't cool. >>shepard: the judge in the allowing the expert witnesses to give the entirety of their expert witness. dr. baden, the noted criminal pathologist is with us. what do you make of this? >>guest: what has happened, many of the witnesses this morning, today, were prosecution witnesses that baez called in to ask more questions, to clarify their opinion. the gal who did not find xanax in the hair, that is of interest. no xanax. the fact that the prosecutor says does that mean anything?

that's just wrong. if it is a negativity, it is a negative. you cannot say a negative means it is positive. that was disingenuous on the part of the prosecution. i think that the so-called defense witness what talked about taking the air out of the trunk of the car, he was the guy this was asked personally to take that out and to test it and he took out the air from the trunk, tested it, and his findings were different, he did not find evidence of decomposition in the trunk or the f.b.i. examiner did not find the chloroform that was said to be found so part of the problem is, the cherrypicking of witnesses. all the witnesses should have been asked those questions officially when they were on the stand. but the way the judge is working it, the against has to call them

back and i think what happens, when you get a situation with one very trained prosecutor and a newcomer defense attorney, the judge ought to be helping the defendant, not hurting the defendant further. >>shepard: having interesting. dr. baden will get interest to more in a moment and april whalen one of the several potential witnesses on deck could send the trial in a new direction or just cloud the issues in the case. we will it and that ahead. stay tuned.

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day 25 of the casey anthony murder trial. more on the expert who says he testified air samples from the trunk of casey anthony's car. as we reported prosecutors and investigators and casey's mother have said the trunk smelled like a dead body. and a witness for the prosecution has testified that he found high levels of chloroform in the trunk. chloroform occurs naturally but it can also be used to knock someone out. today the defense expert said that he found chloroform in the trunk but not in any significant amount. listen to this. >> the primary pattern is that of gasoline and in looking more closely at the data we also determined that there was present in the debt in the sample, chloroform and two other chemicals. could you have an opinion now as

to whether the evidence establishes that there was human decomposition in the trunk of the vehicle you took the air quality? >> my opinion is based on the samples we collected and that we analyzed. if those samples the three compounds that we just talked about, chloroform and the carbon ethloene and they gave low responses but we did not can't file the concentration and because this are other sources available in the environment becaused on our data from our tests i cannot conclusively determine that those, the presence of those compounds indicated that there were human remains in the trunk of the car. >>shepard: i'm exhausted just

listening to that. he could have just said "no," but, no, we have to go on for weeks with this. prosecutors chairman that caylee died in part because of clerk foreign minister poisoning h is complex testimony and the jurors mutt consider all of it before they decide whether casey killed her daughter. and now, we have a jury consultant been inside the courtroom. that was ponderous, how does the jury react to a mess like that? >>guest: the jury is in the showing a lot of facial expressions until they break or do a sidebar and when they take a sidebar they will south america but for the most part they are listening, attentive, taking notes and a couple of jurors that do not take notes and, of course, we did not know what they are thinking. >>shepard: has there been a pattern in do you notice when the jury it is around like on their hands and don't do anything?

or they put the notebooks down and that can tell us something. >>guest: it does, and what it tells us what information is important to them. what i do i watch, i am trying to find out who are state and who are defense witnesses and when you find out what the state is saying, important information and they make notes and others won't take notes but the other side speaks they will take notes, so it is important to sift through what they are thinking but the most important thing is to realize that they are putting the forensics together. and this is, really, an important part of the jury for them, the information. >>shepard: it is my understanding you saw one of the jurors make what looked like a "gun" sign? >>guest: what he was doing, when baez was calling for another sidebar, the defense

attorney, and what happened they chuckled, two of them and one leans forward and put his elbow on his knees and made what we call a gun, a nonverbal cue, like, get rid of this guy and move on. >>shepard: interesting, has there been a time when the jury seems disgusted or fed up, or bored or tired or anything you can describe for us? >>guest: yes, a couple of them. we have one in the back, his back is hurting, he wants to adjust and he will lay back, and another puts a hands behind his head in a dominance position and some stretch out, more in a relaxing position. but, overall, really, there are some in the jury, and we are seeing them tear up. i watch the jury miles an milesr

body language and when that happens, they will vote the same way. >>shepard: we have learned over the years of watching this, laughing juries do not hang and have you seen any of them laughing? >>guest: i saw a couple of them chuckling, number 11 and 14, they are about the same able and they have a relationship, it appears this is a hidden or unspoken word between the two of them i think it is directed toward baez but i'm not familiar with that research with laugh or giggleing. >>shepard: i just heard they won't hang. there is a rumor that we are in the reporting but just asking you, there is a rumor that baez may not be long for this trial. do you hear that?

>>reporter: he might not be long? >>shepard: he might quit. >>reporter: i don't believe that, his ego is way too big. on the other hand, and this is the sense of most of us, and i live in other land dough and i have been there since the beginning, and baez has a stake in the stand. he not going to give up. he is not going to give up. >>shepard: thank you, the jury consultant live with us from orlando. and jonathan hunt in a minute will have new details on the chat regarding this if you want to join in at foxnews.com/shep and click on jonathan hunt's face. and ahead the look of witnesses who could make or break the case from the woman claiming to have been the father's mistress to the convicted kidnapper and her

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>>shepard: a short list of potential witnesses who could take the stand in the casey anthony murder trial. crystal known as river cruise, claims she had an affair with casey anthony's father, georgian toes and reportedly said that she plans to testify that the grandfather called caylee's death an "accident" in november of 2008 and george denies the affair. and we have april whalen, the fellow inmate when casey was in jail a couple years ago. and april whalen's grandfather found the son's body and tried to revive him and couldn't. remember casey's defense

attorney claimed the 2-year-old died in the swimming pool, and the convicted felon, who is connected to george anthony through his cell phone records but thomas said he has no, rather, thompson says he has no idea who george anthony is. phil, one of near resolution on this is that there was a 15 call made from the cell phone number that thompson now has but it was before thompson was assigned that phone number, like you had an old cell phone number from your denver days and i text it and some poor soul sends it back and says, what is this? poor old vasco, right? phil: thompson's attorney told me that the deposition lasted 30 minutes and is over and he says that thompson told the number

two defense attorney everything they told the media, didn't have the cell phone number back in the summer of 2008 when supposedly the investigators say george anthony contacted somebody on the phone number four times the day before little caylee was recorded missing. keep in mind thompson was convicts back in 1988 of a kid 23457ing charge and served prison time, and, so, suddenly you have a guy that has a conviction for kidnapping associated with a phone number on the day before a beneficial is reported being kidnapped by a nanny. in the opinion of morgan, that is just "blame the black guy," and thinks this dope six -- and thinks this was the defense fishing. >>shepard: i heard that but they are making the rounds ... birr way of observation they making the rounds like a celebrity thing. you see him on every channel. fill remember the former

governor now in private law practicing for that law firm, a big florida law firm. a lot of publicity. >>shepard: and what else do we know about witnesses? phil: we anticipate that george anthony will have to be called because so far the testimony of the defense about the accidental drowning was that based on the autopsying reports and the skeletal remains of caylee the doctor could in the rule out accident am death but this has been no evidence supporting the drowning theory and no evidence to support this george anthony molesting casey anthony as a child. all the jury has heard is george anthony on the stand saying i never molested my daughter which leave as lot of people continuously to speculate that casey anthony will have to take the stand to save this against. >>shepard: thank you, phil.

casey's lawyers doing they can to blast holes in the prosecution case. obviously. today they called expert after expert to try to discredit the biggest witnesses. dr. michael baden is with us to go through the new evidence as we wind forward.

>>shepard: continuing coverage of the casey anthony trial with a former circuit court judge and host of "judge alex," on the big fox network. the judge has made all kinds of rulings in this case on the mental state of this woman. >> the defense counsel commenting about her mental status coming up as an issue if she adopted whalen's child dying, but why see that as a factor because florida does not recognize diminished mental capacity. are sane or insane. no sort of insane. she is competent and clearly not insane. look at the steps she took to hide her act. and i took issue with dr. baden's statement that the judge has an obligation to help in experienced lawyers. that is absolutely untrue. it would not be anymore proper for the judge to help an in experienced prosecutor if you can imagine that happening. the judge will protect the

record to make sure there is not in effective assistance but not slant a ruling in favor of an in effective ruling as far as baez getting out of the case that is never happening. >>shepard: dr. bad were, what do you think? >>guest: i didn't say the judge had an obligation but i said rather than making the ruling against the deficit because of the errors of her tone, if anything he should help get out the truth and punish the lawyer not punishing the becausr made mistakes. that is what i

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>>shepard: and president obama set to address the nation tonight on the war in afghanistan, and sources outside the white house say the president will likely announce the removal of forces by the end and now, wednesday's with juan on "studio b" and our fox news political analyst with us from washington, dc, what is your thinking on how this is laid out, juan in >>juan: he says we are not in the business of nation building and he says we have been here 10 years, and at the moment you are looking at 1,600 americans, dead, over the ten--year period and he will say we are not pulling out but beginning a draw down, a withdrawal, but this is not to

be mistaken we still have after 33,000 we are taking out bit end of 2012 we will still have close to 70,000 troops on the ground. >>shepard: in the much that anyone will be happy about, right? >>juan: in washington, you had lieberman, the independent from connecticut saying this is an unholy alliance between the tea party and the far left calling for america to be more isolationist and we hear from bill nelson, a moderate democrat from florida say, it is time to come home and pay attention to the economy. the political pressure now, close to two thirds of americans say it is in the worth it any more and the generals are saying overseas, including general petraeus, who is coming back to head the cia wants to maintain the gains the military has made, do not bring back too many troops too quickly and trying to keep it there from the status quote but the president is

facing lots of very difficult wins and he has a last audiences it please including the taliban and al qaeda, so, this is a mess. >>shepard: it is a mess. it has been a mess for years. juan if you figure how to fix it give me a ring. >>juan: you will figure it out first and let me know. >>shepard: we will cover the president's address lib here, and the fox report ends and the president begins tonight in o'reilly time spot and he will be on right after, fear not, and bret baier will anchor the president's address tonight right here on fox news channel at 8:00 eastern, 7:00 in oxford. that is it for "studio b" and the dow jones industrial average not great day, with bad numbers out there and it is flirting around with even for much of the day and the last hour it went ut